G.Devendiran vs. Bharath Sanchar Nigam Limited - Kerala High Court, 18 September 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942 WP(C).No.17715 OF 2020(L) PETITIONERS: G.DEVENDIRAN AGED 48 YEARS S/O.K.GURUSAMY, NEW NO.65, OLD NO.77, PERUNDURAI ROAD, CHINNAMMAN COMPLEX, ERODE, TAMIL NADU - 638

011.

BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: 1 BHARATH SANCHAR NIGAM LIMITED (GOVERNMENT OF INDIA UNDERTAKING) REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, BSNL CORPORATE OFFICE, HARISH CHANDRA MATHUR LANE, JANPATH, NEW DELHI - 110 001. 2 THE CHIEF GENERAL MANAGER BHARATH SANCHAR NIGAM LIMITED, PMG JUNCTION, THIRUVANANTHAPURAM - 695001. 3 THE PRINCIPAL GENERAL MANAGER TELECOM, BHARATH SANCHAR NIGAM LIMITED, SANCHAR BHAVAN, TUDA ROAD, KOVILAKATHUMPADAM, THRISSUR -680022. 4 THE DEPUTY GENERAL MANAGER (CP) TELECOM, BHARATH SANCHAR NIGAM LIMITED, SANCHAR BHAVAN, TUDA ROAD, KOVILAKATHUMPADAM, THRISSUR - 680 022. 5 THE ASSISTANT GENERAL MANAGER (PLANNING) TELECOM, BHARATH SANCHAR NIGAM LIMITED, SANCHAR BHAVAN, TUDA ROAD, KOVILAKATHUMPADAM, THRISSUR - 680 022. R1-5 BY ADV. SRI.MATHEWS K.PHILIP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.ASHA, J. =========================== W.P(C).No.17715 of 2020 =========================== Dated this the 18th day of September, 2020 JUDGMENT The petitioner is a Contractor, who was awarded several works by the respondents, BSNL. It is stated that Exts.P6 to P6(h) series of bills are pending before the third respondent.

Heard the learned Standing Counsel also. Since it is seen that the petitioner was awarded work and the amount is due, there shall be a direction to the competent among the respondents to disburse the admitted amount due to the petitioner covered by Ext.P6 series of bills, within a period of six months from the date of receipt of a copy of this judgment. P.V.ASHA

JUDGE lgk

APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE COMMUNICATION NO.PLG/N- 107/OFC/TENDER/TCR/2017-18/45 DATED 03/02/2018 ISSUED BY THE 5TH RESPONDENT FOR AND ON BEHALF OF THE 3RD RESPONDENT. EXHIBIT P2OF THE AGREEMENT EXECUTED BY THE PETITIONER WITH THE RESPONDENTS. EXHIBIT P3OF THE MATERIAL SECURITY BOND ISSUED BY THE ERODE BRANCH OF THE INDIAN BANK IN THE FORM OF BANK GUARANTEE. EXHIBIT P4OF THE COMMUNICATION NO.PLG/N- 107/OFC/TENDER/2017-18/48 DATED 01/03/2018. EXHIBIT P4(A)OF THE COMMUNICATION NO.PLG/N- 107/OFC/TENDER/2017-18/64 DATED 28/01/2019. EXHIBIT P5OF THE JUDGMENT DATED 24/10/2019 IN W.P.(C) NO.26374 OF 2019 OF THIS HON'BLE COURT. EXHIBIT P6OF INVOICE NO.07/TCR/OFC/2019- 2020 DATED 23/12/2019. EXHIBIT P6(A)OF INVOICE NO.08/TCR/OFC/2019- 2020 DATED 24/01/2020. EXHIBIT P6(B)OF INVOICE NO.09/TCR/OFC/2019- 2020 DATED 24/01/2020. EXHIBIT P6(C)OF INVOICE NO.10/TCR/OFC/2019- 2020 DATED 24/01/2020. EXHIBIT P6(D)OF INVOICE NO.11/TCR/OFC/2019- 2020 DATED 24/01/2020. EXHIBIT P6(E)OF INVOICE NO.12/TCR/OFC/2019- 2020 DATED 24/01/2020. EXHIBIT P6(F)OF INVOICE NO.13/TCR/OFC/2019- 2020 DATED 24/01/2020. EXHIBIT P6(G)OF INVOICE NO.14/TCR/0FC/2019- 2020 DATED 24/01/2020. EXHIBIT P6(H)OF INVOICE NO.15/TCR/OFC/2019- 2020 DATED 24/01/2020. EXHIBIT P7OF THE REPRESENTATION DATED

16/01/2020 SUBMITTED BEFORE THE 5TH RESPONDENT. EXHIBIT P7(A)OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 11/05/2020 WITH RESPECT TO THE AMOUNTS COVERED UNDER THE GST. EXHIBIT P8OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 11/05/2020 WITH RESPECT TO THE PENDING PAYMENTS.